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ORD 2019-07 Garage Sales - Special Events TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2019-07 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REMOVING SUBSECTIONS 14.02.251(A)(1), 14.02.251(A)(10), AND 14.02.251(D) OF DIVISION 5 "SUPPLEMENTARY DISTRICT REGULATIONS" OF ARTICLE 14.02 "ZONING ORDINANCE" OF CHAPTER 14 "ZONING" OF THE TOWN OF TROPHY CLUB CODE OF ORDINANCES TO TRANSFER APPROVAL AUTHORITY OF COMMUNITY GARAGE SALES FROM THE PLANNING AND ZONING COMMISSION AND TOWN COUNCIL TO THE SPECIAL EVENTS COMMITTEE; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING FOR SAVINGS AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town desires to coordinate all special events in the same manner for the benefit of residents, applicants, Town staff, and Town elected and appointed officials; and WHEREAS, all legal requirements and conditions were complied with, and after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at those public hearings and all other relevant information and materials, and after due deliberations and consideration of the recommendation of the Planning and Zoning Commission, the Town Council has concluded that the adoption of this Ordinance transferring approval authority of community garage sales from the Planning and Zoning Commission and Town Council to the Special Events Committee is in the best interests of the Town of Trophy Club, Texas and of the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENTS 2.01 Subsection (a)(1) and Subsection (a)(10) of Section 14.02.251 entitled "Temporary uses" of Division 5 entitled "Supplementary District Regulations" of Article 14.02 entitled "Zoning Ordinance" of Chapter 14 entitled "Zoning" of the Town of Trophy Club Code of Ordinances are hereby removed in order to transfer approval authority of community garage sales from the Planning and Zoning Commission and Town Council to the Special Events Committee, and the remaining subsections shall remain and be renumbered accordingly: "(1) Community garage sales, by special privilege, see subsection (d) of this section." "(10) Any other temporary use not listed herein. Said unlisted use shall be considered by the Town Council upon the recommendation of the Planning and Zoning Commission." 2.02 Subsection (d) entitled "Community garage sale by special privilege" of Section 14.02.251 entitled "Temporary uses" of Division 5 entitled "Supplementary District Regulations" of Article 14.02 entitled "Zoning Ordinance" of Chapter 14 entitled "Zoning" of the Town of Trophy Club Code of Ordinances is hereby removed in order to transfer approval authority of community garage sales from the Planning and Zoning Commission and Town Council to the Special Events Committee, and the remaining subsection shall remain and be renumbered accordingly: "(d) Community garage sale by special privilege. Upon approval by the Town Council, after recommendation by the Planning and Zoning Commission, a community garage sale shall be permitted by special privilege to civic organizations or nonprofit organizations. Such events shall not occur more than twice annually; and each event shall be one day in duration. Approval of said special privilege shall be a condition to prior approval of operations of the event and the proposed locations of the garage sale sites by the town department of public safety." ORD 2019-07 P&Z Page 2 of 4 SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting fees and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. The penalty provided by this section shall be cumulative of all other penalties allowed by law, including without limitation, civil remedies available for enforcement of this Ordinance. SECTION 6. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. ORD 2019-07 P&Z Page 3 of 4 SECTION 7. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter. SECTION 8. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 26th day of March 2019. ( / C. Nick Sanders, Mayor Town of Trophy Club, Texas L] ATTEST: .,11:44 0 13 yY \AO. rnilkta, 4/1% ._ olly Fim•res, Town Secretary 1-' Town of rophy Club, Texas * / �h A R I OAS FORM: J. Davi'Dodd II, Town Attorney Town of Trophy Club, Texas ORD 2019-07 P&Z Page 4 of 4